New Mexico
Register / Volume XXXV, Issue 9 / May 7, 2024
This is an amendment to
16.8.2 NMAC, Sections 8, 22, 23, 30, 31, 36, 37, 42, 44, 45, 50, 51, 57, and
58, effective 05/07/2024.
16.8.2.8 GENERAL OPERATIONAL REQUIREMENTS
FOR CANNABIS ESTABLISHMENTS:
A. State and local laws: Pursuant to the Cannabis Regulation Act,
applicants and licensees shall comply with all applicable state and local laws
that do not conflict with the Cannabis Regulation Act or the Lynn and Erin
Compassionate Use Act, including laws
governing food and product safety, occupational health and safety,
environmental impacts, natural resource protection, construction and building codes, operation
of a cannabis establishment,
employment, zoning, building
and fire codes, water use and quality, water supply, hazardous
materials, pesticide use, wastewater discharge, and business or professional licensing.
B. Licensure on federally recognized Indian
Nation, Tribe or Pueblo: The division shall not approve an application for
licensure to operate within the exterior boundaries of a federally recognized
Indian Nation, Tribe or Pueblo located wholly or partially in the state, unless
the tribal government and the department have entered an intergovernmental
agreement to coordinate the cross-jurisdictional administration of the laws of
New Mexico and the laws of a tribal government relating to the Cannabis
Regulation Act or the Lynn and Erin Compassionate Use Act.
C. Age requirements: All applicants for
licensure, including controlling persons of applicants, must be at least 21
years of age. All employees of a commercial cannabis establishment must be at
least 21 years of age.
D. Consumption prohibited: Licensees shall
prohibit the consumption of cannabis or cannabis products on or within the
licensed premises unless a cannabis consumption area has been approved by the
division.
E. Illegal sale or distribution: Licensees shall not knowingly
and intentionally sell, deliver, or transport
cannabis or cannabis products to any person
that is not authorized to possess and receive
the cannabis or cannabis products pursuant to state law or division rules.
F. Sales of alcoholic
beverages prohibited: Licensees are allowed to conduct other licensed
activities, including activities pursuant to the Hemp Manufacturing Act,
Section 76-24-3 et seq., NMSA 1978,
except for sales of alcoholic beverages.
G. No
guarantee of licensure: An applicant
may not exercise any of the privileges of licensure until the division approves
the license application and issues a
license. The submission of an application is in no
way a guarantee that the application
will be accepted
as complete. A license shall be granted or denied within 90 days upon
acceptance of a completed application.
Information provided by the applicant and used by the division for the licensing
process shall be accurate and truthful. The division may initiate action to deny
licensure, or other administrative action against an applicant or licensee,
pursuant to the Uniform Licensing Act.
H. Computation of time:
The word “days” as used in this rule means calendar days unless otherwise
noted.
I. Display of license:
A division license shall be displayed in a conspicuous place on the
licensed premises and must be made available upon request by state and local agencies. If the licensed
premises is open to the public, the license shall be
displayed in an area that is within plain sight of the public.
J. Inventory and sales equipment: The
division shall require
licensees to
utilize division approved track and trace equipment, software, and services.
K. Limitation of licensed
premises: Licensees
shall conduct cannabis establishment operations solely on licensed premises approved
by the division.
L. Multiple licensee premises: Multiple licensees
may, upon determination by the division, occupy a single licensed
premises, provided each is individually licensed by the division.
M. Reporting of theft or security incident to division:
Licensees shall submit to the division written notification of any attempted theft, theft, assault of employees
or patrons, robbery or attempted
robbery, break-in, or security
breach that occurs on the licensee’s premises, no later than
24 hours after the licensee first becomes
aware of the event. The description shall include a description of any property that was stolen or destroyed, and the quantity
of any cannabis
plants, cannabis and cannabis products that were stolen.
The licensee must provide a copy of the police report, video footage and any
other supporting evidence requested by the division. The premises must be
secured prior to continuing operations, including the replacement of locks,
doors, windows, repair of damaged structures or access points with comparable
or more secure replacement material.
N. Non-transferable or assignable license:
A license
shall not be transferred by assignment or otherwise
to other persons or locations. Unless the licensee
applies for and receives an amended license, the license
shall be void and returned to the division
when any one of the following situations occurs:
(1) location of the licensed premises
changes;
(2) the
discontinuance of operation
at a licensed premises; or
(3) suspension or revocation of the
license by the division.
O. Online
application: Online application: All applications for initial licensure,
amended licensure, additional premises, and renewal must be made available on
the division website. If applicable,
applicants shall first register for a user account.
P. Complete
application and fees required: Applicants must submit a completed
application to the division before it will be accepted by the division as
complete and considered for approval or denial. License and additional premises
application or renewal fees must be paid at the time of application submission.
Annual plant fees must be paid upon the division’s approval of the initial
application or renewal application and approval of the number of cannabis
plants that a licensee may produce.
Q. Process for incomplete application: In the event that an
application for licensure is determined by
the division
to be incomplete, the division
shall notify the applicant by email and specify the
information or materials that remain to be submitted.
All licensing or renewal fees are non-refundable and must be paid
for each new application.
[R. Provisional license with contingencies: Upon written request
of the applicant, the division may issue a provisional license letter with
defined contingencies that the applicant must obtain documents that may be
pending approval of a cannabis establishment license or must be obtained from
other state agencies or local jurisdictions for the application to be
considered complete. The provisional license letter shall list the remaining
items necessary for the application to be complete and shall expire six-months
from the date the provisional license letter was issued to the applicant. Upon
written request of the applicant, the division may extend a provisional license
letter for an additional six-months. Final approval or denial of a license
shall be stated on the provisional license letter as contingent on the
applicant submitting all remaining items. Such a provisional license letter
shall not authorize an applicant to begin licensed cannabis activity.
S.] R. Request for clarifying information: Upon request of the division,
an applicant shall provide additional information required to process and fully
review the application. If the requested information is not received by the
division within 90 days from the date the application was deemed to be
complete, the division shall initiate action to deny licensure pursuant to the
Uniform Licensing Act.
[T.] S. Physical
and email address: Applicants and licensees must provide a physical mailing
address and an email address. General correspondence from the division will be
sent to the applicant or licensee’s email address of record. Legal notice and
determinations regarding an application, renewal or an
administrative action, including an action taken by the division to deny,
suspend, or revoke a license or impose a sanction and civil monetary penalty,
shall be sent to the last mailing address and to the last email address
furnished to the division. Licensees must inform the division in writing of any
change to its physical mailing address or email address within 10 days of the
change. If applicable, such changes may be submitted via the online licensing
portal. An applicant or licensee’s failure to notify the division of a change
in physical or email address does not relieve the applicant or licensee from
the obligation of responding to a division communication.
[U.] T. Electronic signature: The division will
accept an electronic signature that complies with the Uniform Electronic
Transactions Act, Section 14-16-1 et seq.,
NMSA 1978, or the Revised Uniform Law on Notarial Acts, or rules promulgated
pursuant thereto, on any documents required to be submitted to the division and
that are submitted electronically.
[V.] U. Withdrawal
of Application: An applicant may withdraw an application at any time prior
to the division’s issuance of a license or denial of a license. Requests to
withdraw an application must be submitted to the division in writing, dated,
and signed by the applicant. Withdrawal of an application shall not, unless the
division has consented in writing to such withdrawal, deprive the division of
its authority to institute or continue a proceeding against the applicant for
the denial of the license upon any ground provided by law or to enter an order
denying the license upon any such ground. The division shall not refund
application fees for a withdrawn application. An applicant may reapply at any
time following the withdrawal of an application and shall be required to submit
a new application and fee.
[W.] V. Closure
of a licensed cannabis establishment: A licensee that anticipates
permanently ceasing its business operations shall notify the division no later
than 30 days prior to closure. The licensee shall post public notice of the
anticipated closure at all licensed premises that are accessible to the public
at least 14 days prior to the closure. Any cannabis or cannabis products that
are held by a licensee on behalf of the licensee ceasing its business
operations shall be returned to the licensee ceasing business operations. Any
cannabis or cannabis products that are held by the licensee ceasing its
business operations on behalf of another licensee shall be returned to the
originating licensee. Cannabis or cannabis products that are otherwise held by
a licensee shall, prior to the licensee’s closure, be surrendered to either
state or local law enforcement, destroyed by the licensee in accordance with
the wastage standards of this rule, or donated to patients via a licensed
cannabis establishment, provided that the donation has been approved in writing
by the division and that the licensee has submitted documentation of the
donation to the division. State and local law enforcement are authorized to
remove and destroy any cannabis or cannabis products that are held by a person
who has ceased to be licensed by the division.
[X.] W. Persons licensed
pursuant to the medical cannabis program: In order
to be entitled to continue operating as a cannabis establishment, a person
properly licensed and in good standing pursuant to the Lynn and Erin
Compassionate Use Act on June 29, 2021, must submit a completed renewal
application for a cannabis establishment license, along with required fees,
within 30 days of the division notifying the licensee that a renewal
application is available. In the event the person does not apply for such a
license renewal within the required timeframe, the person shall cease all
production operations immediately. Upon approval, the licensee shall operate
pursuant to the Cannabis Regulation Act and rules adopted by the division
pursuant thereto, provided that the licensee shall continue to operate pursuant
to rules promulgated by the department of health for activities authorized by
virtue of the licensee’s medical program license to the extent they do not
conflict with rules adopted by the division pursuant to the Cannabis Regulation
Act.
[Y. Application for variance:
(1) Any
applicant or licensee may seek a variance from division rule(s) and shall do so
by filing a written petition with the division. The petitioner may submit with
the petition any relevant documents or material, which the petitioner believes
would support the petition.
(2) Petitions
shall:
(a) state
the petitioner's name and address;
(b) state
the date of the petition;
(c) describe
the facility or activity for which the variance is sought;
(d) state
the address or description of the premises upon which the cannabis
establishment or activity is located;
(e) identify
the rule(s) from which the variance is sought;
(f) state
in detail the extent to which the petitioner wishes to vary from the rule(s)
and how the petitioner will ensure public health and safety is not negatively
impacted;
(g) state
why the petitioner believes that compliance with the regulation will impose an
unreasonable regulatory burden upon the cannabis establishment or activity; and
(h) state
the period of time for which the variance is desired,
including all reasons, data, reports and any other information demonstrating
that such time period is justified and reasonable.
(3) At
the discretion of the division, the adjudicatory procedures of the Uniform
Licensing Act may be used for guidance and shall not be construed to limit,
extend, or otherwise modify the authority and jurisdiction of the division. The
division shall deny any request for a waiver related to a legal right to water
pursuant to Paragraphs (3) and (4) of Subsection B of Section 26-2C-7 NMSA
1978.
(4) Prior
to a final decision, the division will hold a public hearing pursuant to the Open
Meetings Act, Section 10-15-1 et seq., NMSA 1978.
The purpose of the hearing is to provide interested persons
a reasonable opportunity to submit data, views or
arguments orally or in writing on the proposed variance. The division, at its
sole discretion, may determine whether to hold more than one hearing. The
division may act as the hearing officer or designate an individual hearing
officer to preside over the hearing. The hearing officer may ask questions and
provide comments for clarification purposes. The hearing officer shall
identify and mark all written comments submitted during the hearing. The public
comments should be labeled as exhibits for reference, but do not require formal
admission into the hearing record. Individuals wishing to provide public
comment or submit information at the hearing must state their name and any
relevant affiliation for the record and be recognized before presenting. Public
comment shall not be taken under oath. Any individual who provides public
comment at the hearing may be questioned by the hearing officer. The
hearing shall be conducted in a fair and equitable manner. The hearing officer
may determine the format in which the hearing is conducted, but the hearing
should be conducted in a simple and organized manner that facilitates public
comment. The rules of evidence shall not apply and the hearing officer may, in the interest of
efficiency, exclude or limit comment or questions
deemed irrelevant, redundant, or unduly repetitious.
(5) The
division may grant the requested variance, in whole or in part, subject to
conditions, if the variance is not contrary to the Cannabis Regulation Act, or
public interest, does not have a negative environmental impact, and is not
detrimental to public health and safety, or the division may deny the variance.
If the variance is granted in whole or in part, or subject to conditions, the
division shall specify the length of time that the variance shall be in place.
A permanent variance may be granted. If a permanent variance is not granted, a
petitioner may reapply for a variance once the time period
expires.
(6) The
division shall set forth in the final order the reasons for its actions and
shall not be subject to review.
Z.] X. Application
for additional licensed premises: Licensees must apply for the
specific cannabis establishment license type intended for each additional
licensed premises as defined in the Cannabis Regulation Act.
[AA.] Y. Vertically integrated cannabis establishment and integrated cannabis
establishment microbusiness:
(1) Applicants
for a vertically integrated cannabis establishment or integrated cannabis
establishment microbusiness must meet all qualifications for each type of
cannabis establishment that is authorized pursuant to the Cannabis Regulation
Act.
(2) An initial applicant for an
integrated cannabis microbusiness or a vertically integrated cannabis
establishment license, must submit an application for
authorization to conduct one or more of the following:
(a) production of cannabis;
(b) manufacturing of cannabis products;
(c) retail establishment; or
(d) courier of cannabis products.
(3) Applicants or licensees shall request
authority to add or remove a cannabis establishment activity by submitting an
amended application, and any required additional fees.
(4) If a vertically integrated cannabis
establishment applicant or licensee will not conduct all cannabis establishment
activity on a single premises, each additional premises shall require an
additional premises fee.
(5) An applicant or licensee shall not
conduct any activity for which additional authority is required until it has
received written approval from the division.
[16.8.2.8 NMAC – N, 08/22/2021;
A/E,
12/06/2021; A, 03/22/2022; A, 05/07/2024]
16.8.2.22 APPLICATION REQUIREMENTS FOR
CANNABIS PRODUCER LICENSE:
A. An
initial application or renewal for cannabis producer licensure shall include
the following:
(1) Contact information for the applicant and the cannabis
establishment, to include:
(a) applicant’s full legal name;
(b) applicant’s date of birth, if applicable;
(c) applicant’s mailing address;
(d) applicant’s contact
telephone number;
(e) applicant’s contact email address;
(f) applicant’s business physical
address and mailing address, if different;
(g) applicant’s business legal name, including a DBA name if
applicable;
(h) applicant’s business web address, if applicable;
(i) applicant’s
business hours of operation;
(j) name and contact information for each controlling person; [and]
(k) demographic
data pursuant to the Cannabis Regulation Act; and
(2) proof the applicant or each controlling person is at least 21 years of
age, which shall include identification issued by a federal or state government
that includes the name, date of birth, and picture of the applicant or
controlling person;
(3) proof of compliance with local laws by
submitting either:
(a) a copy of a current
business license issued by the local jurisdiction in which the proposed premise
is located, which may include zoning approval and a fire inspection report;
(b) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses; or
(c) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses prior to the issuance of a cannabis license.
(4) proof the applicant is properly registered
with the New Mexico taxation and revenue department (TRD) for payment of gross
receipts tax;
[(3)] (5) demonstration
of a legal right to use the quantity of water that the division determines is
needed for cannabis production, as evidenced by either:
(a) documentation
from a water provider that the applicant has the right to use water from the
provider and that the use of water from cannabis production is compliant with
provider's rules, or
(b) documentation
from the office of the state engineer showing that the applicant has a valid
and existing water right, or a permit to develop a water right, for irrigation
purposes for outdoor cultivation, or a commercial purpose for indoor
cultivation at the proposed place of use of the cannabis establishment. The
documentation may include any of the following:
(i)
a state engineer permit or license in good standing, but not including a permit
issued pursuant to Sections 72-12-1, -1.1, -1.2, or -1.3, NMSA 1978;
(ii) a
subfile order or decree issued by a water rights adjudication court;
(iii) the
findings of an office of the state engineer hydrographic survey; or
(iv) other
documentation the office of the state engineer has deemed in writing as
acceptable to the office of the state engineer under this rule.
[(4)] (6) a
plan
to use, or certification that the applicant cannot feasibly use, energy and
water reduction opportunities, including:
(a) drip
irrigation and water collection;
(b) natural
lighting and energy efficiency measures;
(c) renewable
energy generation; and
(d) estimated
water and energy use related to the applicants cultivation plan;
[(5)] (7) if applicable, certification the applicant is in good standing
with the New Mexico secretary of state, including
all documents filed with the New Mexico secretary of state;
[(6)] (8) a list of all controlling persons, a list of other
current or prior licensed cannabis businesses, documentation of the applicant’s
or a controlling person legal name change, and criminal history screening
documents as set forth in 16.8.2.9 NMAC and the Cannabis Regulation Act;
[(7)] (9) a
detailed description of any criminal convictions of the applicant and any
controlling person, including the date of each conviction, dates of
incarceration, probation or parole, if applicable,
description of the offense, and statement of rehabilitation of each conviction;
(10) a detailed description of any denial,
suspension, revocation, surrender, or any other form of discipline or
disciplinary action by a cannabis licensing agency in another state,
jurisdiction or territory against the applicant or any controlling person associated
with the applicant;
[(8)]
(11) the initial
number of mature cannabis plants, and immature cannabis plants, the applicant
proposes for production and the amount of water the applicant plans to use on a monthly basis for a 12 month period;
[(9)]
(12) certification
the applicant will adhere to production requirements
pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use
Act, or division rules, including creating and maintaining a
cultivation plan, and cannabis waste procedures for cannabis or cannabis products;
[(10)] (13) certification
the applicant will adhere to cannabis transport requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules,
including the transport of unprocessed
cannabis or cannabis products to other cannabis establishments;
[(11)] (14) certification
the applicant will adhere to New Mexico department of agriculture (NMDA) pesticide
registration, licensing, and use requirements to ensure a safe product and environment;
[(12)] (15) certification
the applicant will adhere to security requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules, including requirements relating to safety and security
procedures, security devices to be used, placement of security devices, personal
safety, and crime prevention techniques;
[(13)] (16) certification
the applicant will adhere to quality assurance
requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act, or division rules, including requirements relating to routine
testing by a
licensed testing laboratory,
division inspection of licensed premises during normal business hours, and
testing of cannabis;
[(14)] (17) certification
the applicant will adhere
to applicable federal, state and local laws governing
the protection of public health and the environment, including occupational
health and safety, food safety, environmental impacts, natural resource
protections, air quality, solid and hazardous waste management, and wastewater
discharge;
[(15)] (18) certification the applicant has
never been denied a license or had a license suspended or revoked by the
division or any other state cannabis licensing authority or a detailed
description of any administrative orders, civil judgements, denial or suspension
of a cannabis license, revocation of a cannabis license, or sanctions for
unlicensed medical or commercial cannabis activity by any state licensing
authority, against the applicant, controlling person, or a business entity in
which the applicant or controlling person was a controlling person within the
three years immediately preceding the date of the application;
[(16)] (19) applicant’s social and economic
equity plan to encourage economic and social diversity in employment, including
race, ethnicity, gender, age, and residential status of licensee, controlling
persons and employees of applicant and whether the applicant, controlling
persons, employees or the locations where the cannabis products are produced
are located in an underserved rural community, including tribal, acequia, land
grant-merced, federally designated opportunity zone,
or other rural historic communities;
[(17)] (20) certification the applicant has
obtained a current local jurisdiction business license, or will prior to
operation of the cannabis establishment, and the applicant shall adhere to
local zoning ordinance;
[(18)]
(21) certification the applicant
will maintain at all times a legible and accurate
diagram and description of the location of
the land or facility used for the cannabis establishment and the
method(s) to be used to produce cannabis;
[(19)] (22) an attestation of the following
statement: Under penalty of perjury, I hereby declare that the information
contained within and submitted with the application is complete, true and accurate. I understand that a misrepresentation of
fact or violation of these rules may result in denial of the license
application or revocation of a license issued; and
[(20)] (23) payment of any required application
or licensure fees as set forth in 16.8.11 NMAC. Cannabis plant fees, if
applicable, shall be accessed by the division upon approval of an initial
application, additional premises application or renewal application. The
division must receive payment of cannabis plant fee prior to cultivation of
cannabis plants or, if applicable, at the time of renewal.
B. Verification of
information: The division may verify information contained in each application and accompanying documentation, including:
(1) contacting the applicant or controlling person by telephone, mail, or electronic mail;
(2) conducting an on-site visit;
(3) requiring a face-to-face
or virtual meeting
and the production of additional documentation; or
(4) consulting
with state or local governments.
[16.8.2.22 NMAC – N, 08/22/2021; A/E, 12/06/2021; A/E, 1/13/2022; A,
03/22/2022; A, 05/07/2024]
16.8.2.23 SUBMITTAL OF APPLICATION FOR AMENDED
CANNABIS PRODUCER LICENSE:
A. Application: A licensed producer shall submit to the
division an application form for an amended license, pay the required fee, and must obtain
approval from the division,
prior to implementing any of the following:
[(1) material or substantial change of the
size of the premises;
(2)] (1) change
of licensee’s legal or business name;
[(3)] (2) change in water source, or licensees water
and energy conservation plan, including, the reuse of water and disposal of
effluent;
[(4)] (3) increase
in plant count
beyond which licensee is currently licensed to produce;
(4) decrease in plant count which licensee is
currently licensed to produce;
(5) addition or elimination of a controlling person;
[(6) material
or substantial change to a license’s
security system;] or
[(7)]
(6) material or substantial modification of the premises.
B. Amended license not required:
Changes
to standard operating policies and procedures may be made without providing
notification to the division, provided that licensees
shall maintain at each licensed premises a copy of all current and prior
operating policies and procedures.
C. Requirements and processing of application for amended
license: The application for amended license must comply with all
requirements applicable to initial applications, except that the application
shall be clearly designated as one for an amended license. The division shall
approve or deny an application for amended license
within 90 days of receiving a completed application. Denial of an application
for amendment shall be pursuant to the Uniform Licensing Act.
D. Material or
substantial change: Material or substantial changes requiring approval
include:
(1) increase
or decrease in the size of the premises, including the sale of property used
for the cannabis establishment, or the purchase of additional property for the
use of the cannabis establishment;
(2) an addition or removal of licensed
activities taking place on a single licensed premise; or
[(2)] (3) a change in the licensee’s access to the
water source submitted with an application for initial, amended, or renewal
licensure or a ten percent, or more, increase in the licensee’s water usage.
[(3) change to a license’s security system, including relocation or
security points or installation of a new security system; or
(4) modification
of the premises to relocate cannabis activities.]
[16.8.2.23 NMAC – N, 08/22/2021; A/E, 12/06/2021; A, 05/07/2024]
16.8.2.30 APPLICATION
REQUIREMENTS FOR CANNABIS MANUFACTURER LICENSE:
A. An
initial application or renewal for cannabis manufacturer licensure shall include
the following:
(1) Contact information for the applicant and the cannabis
establishment, to include:
(a) applicant’s full legal name;
(b) applicant’s mailing address;
(c) applicant’s contact
telephone number;
(d) applicant’s contact email address;
(e) applicant’s business physical address and mailing
address, if different;
(f) applicant’s business legal name,
including a DBA name if applicable;
(g) applicant’s business web address, if applicable;
(h) applicant’s business hours of operation;
(i) name and
contact information for each controlling person;
(j) demographic
data pursuant to the Cannabis Regulation Act; [and]
(k) license
type sought (Class I, Class II, Class III, or Class IV); and
(2) proof the applicant or each controlling person is at least 21 years of
age, which shall include identification issued by a federal or state government
that includes the name, date of birth, and picture of the applicant or
controlling person;
(3) proof of compliance with local laws by
submitting either:
(a) a copy of a
current business license issued by the local jurisdiction in which the proposed
premise is located, which may include zoning approval and a fire inspection
report;
(b) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses; or
(c) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses prior to the issuance of a cannabis license.
(4) proof the applicant is properly registered
with the New Mexico taxation and revenue department (TRD) for payment of gross
receipts tax;
[(3)] (5) demonstration
of a legal right to use the quantity of water that the division determines is
needed for cannabis manufacturing, as evidenced by either:
(a) documentation
from a water provider that the applicant has the right to use water from the
provider and that the use of water for cannabis manufacturing is compliant with
provider's rules, or
(b) documentation
from the office of the state engineer showing that the applicant has a valid
and existing water right, or a permit to develop a water right, at the proposed
place of use of the cannabis establishment. The documentation may include any
of the following:
(i) a state engineer permit or
license in good standing, but not including a permit issued pursuant to
Sections 72-12-1, -1.1, -1.2, or -1.3, NMSA 1978;
(ii) a
subfile order or decree issued by a water rights adjudication court;
(iii) the
findings of an office of the state engineer hydrographic survey; or
(iv) other documentation the office of the
state engineer has deemed in writing as acceptable to the office of the state
engineer under this rule;
[(4)]
(6) if applicable,
certification the applicant is in good standing
with the New Mexico secretary of state,
including all documents filed with the New Mexico secretary of state;
[(5)] (7) a list of all controlling persons, a list of other
current or prior licensed cannabis businesses, documentation of the applicant’s
or a controlling person legal name change, and criminal history screening
documents as set forth in 16.8.2.9 NMAC and the Cannabis Regulation Act;
[(6)]
(8) a detailed description of any criminal
convictions of the applicant and any controlling person, including the date of
each conviction, dates of incarceration, probation or
parole, if applicable, description of the offense, and statement of
rehabilitation of each conviction;
(9) a detailed description of any denial,
suspension, revocation, surrender, or any other form of discipline or
disciplinary action by a cannabis licensing agency in another state,
jurisdiction or territory against the applicant or any controlling person associated
with the applicant;
[(7)]
(10) if
applicable, proof of prior approval by the New Mexico regulation and licensing department for the use of any compressed gas extraction equipment to be utilized
by the manufacturer;
[(8)]
(11) if
applicable, a sample of the record form(s),
which shall identify (among
other items) the name
of the wholesale purchaser, the date of the
sale, the quantity, and price of cannabis
sold;
[(9)]
(12) for class II, III,
and IV licenses, documentation that the applicant has obtain all necessary
authority required for the production of edibles and
topicals from the New Mexico environment department and that such authority is
valid at the time the license application is submitted;
[(10)]
(13) certification
the applicant will adhere to manufacturing requirements
pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use
Act, or division rules;
[(11)] (14) certification
the applicant will adhere to cannabis transport requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(12)]
(15) certification
the applicant will adhere to security requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(13)]
(16) certification
the applicant will adhere to quality assurance
requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act, or division rules;
[(14)]
(17) certification
the applicant will adhere
to applicable federal, state and local laws governing
the protection of public health and the environment, including occupational
health and safety, food safety, fire safety, environmental impacts, natural
resource protections, air quality, solid and hazardous waste management, and
wastewater discharge;
[(15)]
(18) certification
the applicant has never been denied a license or had a license suspended or
revoked by the division or any other state cannabis licensing authority or a
detailed description of any administrative orders, civil judgements, denial or
suspension of a cannabis license, revocation of a cannabis license, or
sanctions for unlicensed cannabis activity by any state licensing authority,
against the applicant, controlling person, or a business entity in which the
applicant or controlling person was a controlling person within the three years
immediately preceding the date of the application;
[(16)]
(19) certification the applicant is
not licensed under the Liquor Control Act.
[(17)]
(20) applicant’s
social and economic equity plan to encourage economic and social diversity in
employment, including race, ethnicity, gender, age, and residential status of
licensee, controlling persons and employees of applicant and whether the
applicant, controlling persons, employees or the locations where the cannabis
products are produced are located in an underserved rural community, including
tribal, acequia, land grant-merced, federally
designated opportunity zone, or other rural historic communities;
[(18)]
(21) an attestation that the manufacturer will not use dimethylsulfoxide (DMSO)
in the production of cannabis
products, and will not possess
DMSO on the premises
of the manufacturer;
[(19)] (22) certification the applicant has
obtained a current local jurisdiction business license, or will prior to
operation of the cannabis establishment, and the applicant shall adhere to
local zoning ordinance;
[(20)]
(23) certification the applicant
will maintain at all times a legible and accurate
diagram containing information required by 16.8.2.32 NMAC and description of the location of the land or
facility to be used for the cannabis establishment and the method(s) to
be used to manufacture cannabis (extraction, infusion, packaging, labeling),
including a description of extraction and infusion methods;
[(21)]
(24) an
attestation of the following statement: Under penalty of perjury, I hereby
declare that the information contained within and submitted with the
application is complete, true and accurate. I
understand that a misrepresentation of fact or violation of these rules may
result in denial of the license application or revocation of a license issued;
and
[(22)]
(25) payment of any required fees as
set forth in 16.8.11 NMAC.
B. Verification of
information: The division may verify information contained in each application and accompanying documentation by:
(1) contacting the applicant or controlling person by telephone, mail, or electronic mail;
(2) conducting an on-site visit;
(3) requiring a face-to-face
or virtual meeting
and the production of additional documentation; or
(4) consulting
with state or local governments.
C. Trade secrets: Any applicant
submitting operating procedures and protocols to the division pursuant to the
Lynn and Erin Compassionate Use Act, the Cannabis Regulation Act, or division
rules, may claim such information as a trade secret or confidential by clearly
identifying such information as “confidential” on the document at the time of
submission. Any claim of confidentiality by an applicant must be based on the
applicant’s good faith belief that the information marked as confidential
constitutes a trade secret as defined in the Uniform Trade Secrets Act, Sections 57-3A-1
to 7, NMSA 1978. In the event the division
receives a request to inspect such documents, the division will notify the
applicant or licensee, via the current email of record. If the division does
not receive an injunction pursuant to the Uniform Trade Secrets Act within 10
days of the request to inspect, the division will make the documents marked
confidential available for inspection as required pursuant to the Inspection of
Public Records Act.
[16.8.2.30 NMAC – N/E, 09/08/2021; A/E, 12/02/2021; N, 12/28/2021;
A/E, 01/13/2022; A, 3/22/2022; A, 05/07/2024]
16.8.2.31 SUBMITTAL OF APPLICATION FOR
AMENDED CANNABIS MANUFACTURER LICENSE:
A. Application: A licensed manufacturer shall submit to the division
an application form for an amended license, if applicable, and obtain approval
from the division, prior to implementing any of the following:
[(1) material or substantial change of the
size of the premises;
(2)] (1) change
of licensee’s legal or business name;
[(3)]
(2) change or modification
in extraction type(s) or equipment;
[(4)]
(3) material or substantial
change in water source;
[(5)]
(4) addition or elimination
of a controlling person;
[(6) material or substantial change to a
license’s security system;] or
[(7)]
(5) material or substantial
modification of the premises.
B. Amended license not
required: Changes to standard
operating policies and procedures may be made without providing notification to
the division, provided that licensees shall maintain
at each licensed premises a copy of all current and prior operating policies
and procedures.
C. Requirements and processing of
application for amended license: The
application for amended license must comply with all requirements applicable to
initial applications, except that the application shall be clearly designated
as one for an amended license. The division shall approve or deny an
application for amended license within 90 days of
receiving a completed application. Denial of an application for amendment shall
be pursuant to the Uniform Licensing Act.
D. Material or substantial change: Material or substantial changes requiring approval
include:
(1) increase or decrease in the size of the premises,
including the sale of property used for the cannabis establishment, or the
purchase of additional property for the use of the cannabis establishment;
(2) an addition or removal of licensed
activities taking place on a single licensed premise; or
[(2)] (3) a modification in the
licensee’s access to the water source submitted with an application for initial
or renewal licensure or a ten percent, or more, increase in the licensee’s
water usage.
[(3) change to a license’s security system, including
relocation or security points or installation of a new security system; or
(4) modification of the premises to relocate cannabis
activities.]
16.8.2.36 APPLICATION
REQUIREMENTS FOR CANNABIS RETAILER LICENSE:
A. An
initial application or renewal for cannabis retailer licensure shall include
the following:
(1) Contact information for the applicant and the cannabis
establishment, to include:
(a) applicant’s full legal name;
(b) applicant’s date of birth, if applicable;
(c) applicant’s mailing address;
(d) applicant’s contact
telephone number;
(e) applicant’s contact email address;
(f) applicant’s business physical
address and mailing address, if different;
(g) applicant’s business legal name, including a DBA name if
applicable;
(h) applicant’s business web address, if applicable;
(i) applicant’s
business hours of operation;
(j) name and contact information for
each controlling person;
(k) demographic
data pursuant to the Cannabis Regulation Act; [and]
(l) license
type sought; and
(2) proof the applicant or each controlling person is at least 21 years of
age, which shall include identification issued by a federal or state government
that includes the name, date of birth, and picture of the applicant or
controlling person;
(3) proof of compliance with local laws by
submitting either:
(a) a copy of a current
business license issued by the local jurisdiction in which the proposed premise
is located, which may include zoning approval and a fire inspection report;
(b) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses; or
(c) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses prior to the issuance of a cannabis license.
(4) proof the applicant is properly registered
with the New Mexico taxation and revenue department (TRD) for payment of gross
receipts tax;
[(3)]
(5) if applicable,
certification the applicant is in good standing
with the New Mexico secretary of state, including
all documents filed with the New Mexico secretary of state;
[(4)] (6) a list of all controlling persons, a list of other
current or prior licensed cannabis businesses, documentation of the applicant’s
or a controlling person legal name change, and criminal history screening
documents as set forth in 16.8.2.9 NMAC and the Cannabis Regulation Act;
[(5)] (7) a detailed
description of any criminal convictions of the applicant and any controlling
person, including the date of each conviction, dates of incarceration, probation or parole, if applicable, description of the
offense, and statement of rehabilitation of each conviction;
(8) a detailed description of any denial, suspension,
revocation, surrender, or any other form of discipline or disciplinary action
by a cannabis licensing agency in another state, jurisdiction or territory
against the applicant or any controlling person associated with the applicant;
[(6)] (9) certification the applicant will adhere to
retail requirements pursuant to the
Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division
rules;
[(7)] (10) certification
the applicant will adhere to cannabis transport requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(8)]
(11) certification
the applicant will adhere to security requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(9)]
(12) certification
the applicant will adhere to quality assurance
requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act, or division rules;
[(10)]
(13) certification
the applicant will adhere
to applicable federal, state and local laws governing
the protection of public health and the environment, including occupational
health and safety, food safety, environmental impacts, natural resource
protections, air quality, solid and hazardous waste management, and wastewater
discharge;
[(11)]
(14) certification
the applicant has never been denied a license or had a license suspended or
revoked by the division or any other state cannabis licensing authority or a
detailed description of any administrative orders, civil judgements, denial or
suspension of a cannabis license, revocation of a cannabis license, or
sanctions for unlicensed cannabis activity by any state licensing authority,
against the applicant, controlling person, or a business entity in which the
applicant or controlling person was a controlling person within the three years
immediately preceding the date of the application;
[(12)]
(15) certification the applicant is not
licensed under the Liquor Control Act;
[(13)]
(16) certification the applicant has
obtained a current local jurisdiction business license, or will prior to
operation of the cannabis establishment, and the applicant shall adhere to
local zoning ordinance;
[(14)]
(17) certification the applicant
will maintain at all times a legible and accurate
diagram and description of the location of
the land or facility to be used for the cannabis establishment,
including a description of each retail area and all security requirements;
[(15)]
(18) if applicable, certification
the applicant will adhere to courier requirements
pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use
Act, or division rules;
[(16)]
(19) applicant’s
social and economic equity plan to encourage economic and social diversity in
employment, including race, ethnicity, gender, age, and residential status of
licensee, controlling persons and employees of applicant and whether the
applicant, controlling persons, employees or the locations where the cannabis
products are produced are located in an underserved rural community, including
tribal, acequia, land grant-merced, federally
designated opportunity zone, or other rural historic communities;
[(17)]
(20) an
attestation of the following statement: Under penalty of perjury, I hereby
declare that the information contained within and submitted with the
application is complete, true and accurate. I
understand that a misrepresentation of fact or violation of these rules may
result in denial of the license application or revocation of a license issued;
and
[(18)]
(21) payment of
any required fees as set forth in 16.8.11 NMAC.
B. Verification of
information: The division may verify information contained in each application and accompanying documentation by:
(1) contacting the applicant or controlling person by telephone, mail, or electronic mail;
(2) conducting an on-site visit;
(3) requiring a face-to-face
or virtual meeting
and the production of additional documentation; or
(4) consulting
with state or local governments.
16.8.2.37 SUBMITTAL OF APPLICATION FOR AMENDED
CANNABIS RETAILER LICENSE:
A. Application: A licensed
retailer shall submit to the division an application form for an amended
license, if applicable, pay the required fee, and obtain approval from the
division, prior to implementing any of the following:
[(1) material or substantial change of the
size;
(2)] (1) change of licensee’s legal or business name;
[(3)]
(2) addition or elimination
of a controlling person;
[(4) material or substantial change to a
license’s security system;] or
[(5)]
(3) material or substantial
modification of the premises.
B. Amended license not
required: Changes to standard operating policies and procedures may be made
without providing notification to the division, provided that
licensees shall maintain at each licensed premises a copy of all current
operating policies and procedures.
C. Requirements and
processing of application for amended license: The application for amended
license must comply with all requirements applicable to initial applications,
except that the application shall be clearly designated as one for an amended
license. The division shall approve or deny an application for amended license within 90 days of receiving a completed
application. Denial of an application for amendment shall be pursuant to the
Uniform Licensing Act.
D. Material or
substantial change: Material or substantial changes requiring approval
include:
(1) increase or decrease in the size of
the premises; or
(2) an addition or removal of licensed
activities taking place on a single licensed premise.
[(2) change to a license’s security system,
including relocation or security points or installation of a new security
system; or
(3) modification of the premises to
relocate cannabis activities.]
16.8.2.42 APPLICATION
REQUIREMENTS FOR CANNABIS COURIER LICENSE:
A. An
initial application or renewal for cannabis courier licensure shall include
the following:
(1) Contact information for the applicant, to include:
(a) applicant’s full legal name;
(b) applicant’s date of birth, if applicable;
(c) applicant’s mailing address;
(d) applicant’s contact
telephone number;
(e) applicant’s contact email address;
(f) physical address and mailing address, if different; [and]
(g) demographic
data pursuant to the Cannabis Regulation Act; and
(2) proof the applicant is at least 21 years of age, which shall include
identification issued by a federal or state government that includes the name,
date of birth, and picture of the applicant or controlling person;
(3) proof of compliance with local laws by
submitting either:
(a) a copy of a
current business license issued by the local jurisdiction in which the proposed
premise is located, which may include zoning approval and a fire inspection
report;
(b) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses; or
(c) evidence that the
local jurisdiction in which the proposed premise is located does not issue
business licenses prior to the issuance of a cannabis license.
(4) proof the applicant is properly registered
with the New Mexico taxation and revenue department (TRD) for payment of gross
receipts tax;
(5) proof of vehicle registration and vehicle
insurance for each vehicle to be used for courier activities;
(6) a copy of the delivery plan including, but
not limited to, how cannabis and cannabis products will be picked up and
delivered ensuring proper chain of custody throughout, how security will be
maintained throughout delivery, and how payment will be accepted;
[(3)]
(7) criminal history
screening documents as set forth in 16.8.2.9 NMAC and the Cannabis Regulation
Act;
[(4)] (8) a detailed
description of any criminal convictions of the applicant, including the date of
each conviction, dates of incarceration, probation or
parole, if applicable, description of the offense, and statement of
rehabilitation of each conviction;
(9) a
detailed description of any denial, suspension, revocation, surrender, or any
other form of discipline or disciplinary action by a cannabis licensing agency
in another state, jurisdiction or territory against the applicant or any
controlling person associated with the applicant;
[(5)] (10) certification the applicant
will adhere to courier requirements
pursuant to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use
Act, or division rules;
[(6)] (11) certification
the applicant will adhere to cannabis transport requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(7)]
(12) certification
the applicant will adhere to security requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(8)]
(13) certification
the applicant will adhere to quality assurance
requirements pursuant to the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act, or division rules;
[(9)] (14) certification the applicant has
never been denied a license or had a license suspended or revoked by the
division or any other state cannabis licensing authority or a detailed
description of any administrative orders, civil judgements, denial or suspension
of a cannabis license, revocation of a cannabis license, or sanctions for
unlicensed cannabis activity by any state licensing authority, against the
applicant, controlling person, or a business entity in which the applicant or
controlling person was a controlling person within the three years immediately
preceding the date of the application;
[(10)]
(15) certification the applicant is
not licensed under the Liquor Control Act;
[(11)]
(16) an
attestation of the following statement: Under penalty of perjury, I hereby
declare that the information contained within and submitted with the
application is complete, true and accurate. I
understand that a misrepresentation of fact or violation of these rules may
result in denial of the license application or revocation of a license issued;
and
[(12)]
(17) payment of
any required fees as set forth in 16.8.11 NMAC.
B. Verification of
information: The division may verify information contained in each application and accompanying documentation by:
(1) contacting the applicant by telephone, mail, or electronic mail;
(2) requiring a face-to-face
or virtual meeting
and the production of additional documentation; or
(3) consulting
with state or local governments.
16.8.2.44 APPLICATION REQUIREMENTS FOR CANNABIS TESTING
LABORATORY LICENSE:
A. Contents of application:
(1) for any initial or renewal
application, contact information for the applicant and the cannabis
establishment, to include:
(a) applicant’s full legal name;
(b) applicant’s mailing address;
(c) applicant’s contact telephone number;
(d) applicant’s contact email address;
(e) applicant’s business physical address
and mailing address, if different;
(f) applicant’s business legal name,
including a DBA name, if applicable;
(g) applicant’s business web address, if
applicable;
(2) for any initial application,
information about controlling persons, to include:
(a) name and contact information;
(b) documentation of legal name change,
if applicable;
(c) criminal history screening documents.
as set forth in 16.8.2.9 NMAC and the Cannabis Regulation Act;
(d) a detailed description of any
criminal convictions, including for each: the date of the conviction; dates of
incarceration, probation, or parole; description of the offense; and any
evidence of rehabilitation, including court documents, personal or professional
references, completion of treatment, employment records, and other relevant
information;
(e) demographic data pursuant to the
Cannabis Regulation Act; and
(f) A
copy of identification issued by a federal or state government, including name,
date of birth, and picture and indicating the person is at least 21 years of
age;
(3) proof
of compliance with local laws by submitting either:
(a) a copy of a current business license issued by the
local jurisdiction in which the proposed premise is located, which may include
zoning approval and a fire inspection report;
(b) evidence that the local jurisdiction in which the
proposed premise is located does not issue business licenses; or
(c) evidence that the local jurisdiction in which the
proposed premise is located does not issue business licenses prior to the
issuance of a cannabis license.
(4) proof
the applicant is properly registered with the New Mexico Taxation and Revenue
Department (TRD) for payment of gross receipts tax;
(5) a detailed description of any
denial, suspension, revocation, surrender, or any other form of discipline or
disciplinary action by a cannabis licensing agency in another state,
jurisdiction or territory against the applicant or any controlling person associated
with the applicant;
[(3)] (6) for any renewal application,
certifications that the applicant:[
(a) attests
to the following statement: Under penalty of perjury, I hereby declare that the
information contained within and submitted with the application is complete, true and accurate. I understand that a misrepresentation of
fact or violation of these rules may result in denial of the license
application or revocation of a license issued;
(b) will
adhere to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act,
and division rules, including:
(i) testing requirements;
(ii) transport
requirements;
(iii) security
requirements;
(iv) quality
assurance requirements; and
(v) the
prohibition on any person holding an interest in one or more cannabis testing
laboratories from holding an interest in any other cannabis license other than
a cannabis research laboratory;
(c) will
adhere to applicable federal, state and local laws
governing the protection of public health and the environment, including
occupational health and safety, food safety, fire safety, environmental
impacts, natural resource protections, air quality, solid and hazardous waste
management, and wastewater discharge;
(d) has
never been denied a license or had a license suspended or revoked by the
division or any other state cannabis licensing authority or a detailed
description of any administrative orders, civil judgements, denial or
suspension of a cannabis license, revocation of a cannabis license, or
sanctions for unlicensed cannabis activity by any state licensing authority,
against the applicant, controlling person, or a business entity in which the
applicant or controlling person was a controlling person within the three years
immediately preceding the date of the application; and
(e) is
not licensed at the same location under the Liquor Control Act;
(f) has
obtained a current local jurisdiction business license, or will prior to
operation of the cannabis establishment, and the applicant shall adhere to
local zoning ordinance; and
(g) maintain
on its licensed premise at all times, a complete
and detailed diagram of the premises containing information required by
16.8.2.46 NMAC, which shall be made immediately available to the division upon
request.
[(4)]
(7) for any initial application, and, unless a statement is
included that no material changes exist, for any renewal application:
(a) a
list of categories of testing for which licensure is sought; and
(b) applicant’s
social and economic equity plan to encourage economic and social diversity in
employment, including race, ethnicity, gender, age, and residential status of
licensee, controlling persons and employees of applicant and whether the
applicant, controlling persons, employees, or premises are
located in an underserved rural community, including tribal, acequia,
land grant-merced, federally designated opportunity
zone, or other rural historic communities; and
[(5)]
(8) for any initial or renewal application, payment of any required
fees as set forth in 16.8.11 NMAC.
B. Initial
demonstration of capability: The division requires the submission of an
initial demonstration of capability (IDC) for every test a cannabis testing
laboratory intends to conduct, except tests for research and development
purposes only. The IDC must identify a limit of quantitation that is equal to
or lower than the action level for the specified test.
(1) An
IDC is required whenever:
(a) an
initial application is submitted, except that an applicant may instead submit
evidence of prior completion of an IDC as a requirement of licensing under the
Lynn and Erin Compassionate Use Act;
(b) the
cannabis testing laboratory proposes to use a new analytical instrument to test
for an analyte; or
(c) the
cannabis testing laboratory proposes material changes to testing methods.
(2) Every
IDC shall include the following elements:
(a) Demonstration
of method calibration: The calibration range shall use at least five
calibration points consisting of five different concentration levels of target
compounds. The calibration range shall include a low calibration point equal
to, or less than, the action level for each targeted compound. The cannabis
testing laboratory shall provide the equation and the type of curve fit used
for the calibration range, and the percent relative standard deviation or the
goodness of fit. The percent relative standard deviation shall be less than
twenty percent, or the goodness of fit (correlation coefficient) shall be 0.995
or better.
(b) Demonstration
of method accuracy and precision: A cannabis testing laboratory shall supply
the quantitation data for five positive control samples analyzed by its testing
method utilizing median or mid-level calibration concentration. The cannabis
testing laboratory shall identify and justify acceptance criteria and shall
calculate and provide the calculated mean (average) result and the standard
deviation. Any standard deviations greater than twenty percent shall be noted
and explained.
(c) Demonstration
of method detection limit: A cannabis testing laboratory shall calculate its
method detection limit using a generally accepted method.
(d) Demonstration
of low system background: A cannabis testing laboratory shall supply the
analytical data of at least three negative control samples that do not contain
any target analytes.
(e) Demonstration
of analyte identification: A cannabis testing laboratory that uses, high
performance liquid chromatography (HPLC) or gas chromatography with flame
ionization detector or photoionization detector (GC-FID or GC-PID/FID)
instrumentation shall supply analytical data where each targeted compound is
analyzed as a single compound giving it its characteristic retention time. A
cannabis testing laboratory that uses gas chromatography–mass spectrometry
(GCMS), liquid chromatography–mass spectrometry (LCMS), or liquid
chromatography–tandem mass spectrometry (LCMSMS) instrumentation shall supply
analytical data with the characteristic mass spectrum of each targeted
compound.
C. Continuing demonstration of capability:
A cannabis testing laboratory shall submit a continuing demonstration of
capability (CDC) for each test performed annually as part of the laboratory’s
application for renewal of licensure. A CDC may consist of:
(1) Evidence
that the cannabis testing laboratory has the test within its current scope of
accreditation to the current standards of ISO/IEC 17025, Testing and
Calibration Laboratories;
(2) Evidence
that each analyst performing the test has successfully completed, within the
previous year, relevant proficiency testing administered by a provider
accredited to the standards of ISO/IEC 17043, Conformity Assessment—General
Requirements for Proficiency Testing; or
(3) The
re-performance of the IDC.
D. Verification of information: The
division may verify information contained in each application and accompanying
documentation by:
(1) contacting
the applicant or controlling person by telephone, mail, or electronic mail;
(2) conducting
an on-site visit;
(3) requiring
a face-to-face or virtual meeting and the production of additional
documentation; or
(4) consulting
with state or local governments.
E. Trade secrets: Any applicant
submitting operating procedures and protocols to the division pursuant to the
Lynn and Erin Compassionate Use Act, the Cannabis Regulation Act, or division
rules, may claim such information as a trade secret by clearly identifying such
information as “confidential trade secrets” on the document at the time of
submission. Any claim of confidentiality by an applicant must be based on the
applicant’s good faith belief that the information marked as confidential
constitutes a trade secret as defined in the Uniform Trade Secrets Act,
Sections 57-3A-1 to -7, NMSA 1978. In the event the division receives a request
to inspect such documents, the division will notify the applicant or licensee,
via the current email of record. If the division does not receive an injunction
pursuant to the Uniform Trade Secrets Act within five days of the request to
inspect, the division will make the documents marked confidential available for
inspection as required pursuant to the Inspection of Public Records Act.
[16.8.2.44
NMAC – N, 01/11/2022; A/E, 01/13/2022; A, 03/22/2022; A, 05/07/2024]
16.8.2.45 SUBMITTAL OF APPLICATION FOR AMENDED CANNABIS TESTING
LABORATORY LICENSE:
A. Application: A cannabis testing laboratory shall
submit to the division an application form for an amended license and obtain
approval from the division, prior to implementing any of the following:
[(1) material
or substantial change of the size of the premises;
(2)] (1) change
of licensee’s legal or business name;
[(3)]
(2) material or substantial change in testing methods or equipment;
[(4)]
(3) addition or elimination of a controlling person;
[(5) material
or substantial change to a licensee’s security system;] or
[(6)]
(4) material or substantial modification of the premises.
B. Requirements and processing of application
for amended license: The application for amended license shall:
(1) be
clearly designated as one for an amended license;
(2) supply
any information representing a material change from the most recent
application; and
(3) include
an initial demonstration of capability for any new or materially different
method for performing a required test, including testing for an additional analyte or testing for an analyte using a different type of
instrument.
C. Approval or denial: The division
shall approve or deny an application for amended license within 90 days of
receiving a completed application. Denial of an application for amendment shall
be pursuant to the Uniform Licensing Act.
D. Material or substantial change: Material
or substantial changes requiring approval include:
(1) increase
or decrease in the size of the premises, including the sale of property used
for the cannabis establishment, the purchase of additional property for the use
of the cannabis establishment, or a change in the location of the cannabis
establishment; or
(2) testing
for an analyte required in required testing using a different type of
instrument. [or
(3) change
to a licensee’s security system, including relocation of security points or
installation of a new security system.]
E. Amended license not required:
Other changes to standard operating policies and procedures, unless material or
substantial, may be made without providing notification to the division, provided that licensees shall maintain at each licensed
premises a copy of all current and prior operating policies and procedures.
[16.8.2.45
NMAC – N, 01/11/2022; A, 05/07/2024]
16.8.2.50 APPLICATION
REQUIREMENTS FOR CANNABIS CONSUMPTION AREA LICENSE:
A. An initial
application or renewal for cannabis consumption area licensure shall include
the following:
(1) Contact information for the
applicant and the cannabis establishment, to include:
(a) applicant’s
full legal name;
(b) applicant’s
date of birth, if applicable;
(c) applicant’s
mailing address;
(d) applicant’s
contact telephone number;
(e) applicant’s
contact email address;
(f) applicant’s
business physical address and mailing address, if different;
(g) applicant’s
business legal name, including a DBA name if applicable;
(h) applicant’s
business web address, if applicable;
(i) applicant’s business hours of
operation;
(j) name and
contact information for each controlling person;
(k) demographic
data pursuant to the Cannabis Regulation Act; [and]
(l) license type
sought; and
(2) proof the
applicant or each controlling person is at least 21 years of age, which shall
include identification issued by a federal or state government that includes
the name, date of birth, and picture of the applicant or controlling person;
(3) legible and
accurate diagram and description of the location of the land or facility to be
used for the cannabis establishment, including a description of each
consumption or retail area and all security requirements, in a portable
document format (.pdf), and if requested by the division, digital photographic
photos;
(4) fully
executed and dated documentation of the applicant’s ownership or legal
authority to use the property, buildings, or other facilities, establishing the
applicant is, or will be, entitled to possession of the premises for which the
application is made;
(5) a copy of a
current business license, fire inspection report, and zoning approval;
(6) proof
the applicant is properly registered with the New Mexico taxation and revenue
department (TRD) for payment of gross receipts tax;
[(6)]
(7) if applicable, certification the applicant is in good
standing with the New Mexico secretary of state, including all documents filed
with the New Mexico secretary of state;
[(7)]
(8) a list of all controlling persons, a list of other current
or prior licensed cannabis businesses, documentation of the applicant’s or a
controlling person legal name change, and criminal history screening documents
as set forth in 16.8.2.9 NMAC and the Cannabis Regulation Act;
[(8)]
(9) a detailed description of any criminal convictions of the
applicant and any controlling person, including the date of each conviction,
dates of incarceration, probation or parole, if
applicable, description of the offense, and statement of rehabilitation of each
conviction;
(10) a detailed description of any denial, suspension,
revocation, surrender, or any other form of discipline or disciplinary action
by a cannabis licensing agency in another state, jurisdiction or territory
against the applicant or any controlling person associated with the applicant;
[(9)]
(11) if
applicable, a sample of the record form(s), which shall identify (among other
items) the name of the wholesale purchaser, the date of the sale, the quantity,
and price of cannabis purchased for retail sale;
[(10)]
(12) certification
the applicant will adhere to retail requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(11)]
(13) certification
the applicant will adhere to cannabis transport requirements pursuant to the
Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division
rules;
[(12)]
(14) certification
the applicant will adhere to security requirements pursuant to the Cannabis
Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules;
[(13)]
(15) certification
the applicant will adhere to quality assurance requirements pursuant to the
Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division
rules;
[(14)]
(16) certification
the applicant will adhere to applicable federal, state
and local laws governing the protection of public health and the environment,
including occupational health and safety, food safety, environmental impacts,
natural resource protections, air quality, solid and hazardous waste
management, and wastewater discharge;
[(15)]
(17) certification
the applicant has never been denied a license or had a license suspended or
revoked by the division or any other state cannabis licensing authority or a
detailed description of any administrative orders, civil judgements, denial or
suspension of a cannabis license, revocation of a cannabis license, or
sanctions for unlicensed cannabis activity by any state licensing authority,
against the applicant, controlling person, or a business entity in which the
applicant or controlling person was a controlling person within the three years
immediately preceding the date of the application;
[(16)]
(18) certification
the applicant is not licensed under the Liquor Control Act;
[(17)]
(19) applicant’s
social and economic equity plan to encourage economic and social diversity in
employment, including race, ethnicity, gender, age, and residential status of
licensee, controlling persons and employees of applicant and whether the
applicant, controlling persons, employees or the locations where the cannabis
products are produced are located in an underserved rural community, including
tribal, acequia, land grant-merced, federally
designated opportunity zone, or other rural historic communities;
[(18)]
(20) an
attestation of the following statement: Under penalty of perjury, I hereby
declare that the information contained within and submitted with the
application is complete, true and accurate. I
understand that a misrepresentation of fact or violation of these rules may
result in denial of the license application or revocation of a license issued;
and
[(19)]
(21) payment of
any required fees as set forth in 16.8.11 NMAC.
B. Verification
of information: The division may verify information contained in each
application and accompanying documentation by:
(1) contacting
the applicant or controlling person by telephone, mail, or electronic mail;
(2) conducting
an on-site visit;
(3) requiring a
face-to-face or virtual meeting and the production of additional documentation;
or
(4) consulting
with state or local governments.
16.8.2.51 SUBMITTAL OF
APPLICATION FOR AMENDED CANNABIS CONSUMPTION AREA LICENSE:
A. Application: A licensed
cannabis consumption area shall submit to the division an application form for
an amended license, if applicable, pay the required fee, and obtain approval
from the division, prior to implementing any of the following:
[(1) material or
substantial change of the size or location of the premises;
(2)] (1) change of
licensee’s legal or business name;
[(3)]
(2) addition or elimination of a controlling person;
[(4) material or
substantial change to a license’s security system;] or
[(5)]
(3) material or substantial modification of the premises.
B. Amended
license not required: Changes to standard operating policies and procedures may
be made without providing notification to the division, provided
that licensees shall maintain at each licensed premises a copy of all
current and prior operating policies and procedures.
C. Requirements
and processing of application for amended license: The
application for amended license must comply with all requirements applicable to
initial applications, except that the application shall be clearly designated
as one for an amended license. The division shall approve or deny an
application for amended license within 90 days of
receiving a completed application. Denial of an application for amendment shall
be pursuant to the Uniform Licensing Act.
D. Material or
substantial change: Material or substantial changes requiring approval [include]
includes
[(1)] increase or
decrease in the size of the premises, including the sale of property used for
the cannabis establishment, the purchase of additional property for the use of
the cannabis establishment, or a change in the location of the cannabis
establishment;
[(2) change to a
license’s security system, including relocation or security points or
installation of a new security system; or
(3) modification
of the premises to relocate cannabis activities.]
[16.8.2.51 NMAC - N, 06/07/2022; A, 05/07/2024]
16.8.2.57 APPLICATION
REQUIREMENTS FOR CANNABIS RESEARCH LABORATORY LICENSE:
A. An initial application or renewal for cannabis research laboratory licensure shall include the following:
(1) Business and controlling person(s) contact information, to include:
(a) legal business name, including DBA if applicable
(b) type of business entity;
(c) business mailing address;
(d) business telephone number;
(e) business email address;
(f) business physical address, if different;
(g) business web address, if applicable;
(h) business hours of operation;
(i) name and contact information for each controlling person;
(j) demographic data pursuant
to the Cannabis Regulation
Act; [and]
(k) license type sought (Tier I, Tier II, or Tier III); and
(2) proof each controlling person is at least 21 years
of
age, which shall include identification issued
by a federal or state government that includes the name,
date of birth,
and picture of controlling person;
(3) proof
of compliance with local laws by submitting either:
(a) a copy of a current business
license issued by the local jurisdiction in which the proposed premise is
located, which may include zoning approval and a fire inspection report;
(b) evidence that the local
jurisdiction in which the proposed premise is located does not issue business
licenses; or
(c) evidence that the local
jurisdiction in which the proposed premise is located does not issue business
licenses prior to the issuance of a cannabis license.
(4) proof
the applicant is properly registered with the New Mexico Taxation and Revenue
Department (TRD) for payment of gross receipts tax;
[(3)]
(5) if applicable,
certification the applicant is in
good standing with the New
Mexico secretary of state;
[(4)]
(6) a list of other current or prior licensed cannabis businesses;
[(5)]
(7) a list of other names
used by controlling person(s);
[(6)] (8) name and contact
information for the primary controlling person for the business or an
authorized representative of the business if not a controlling person;
[(7)]
(9) criminal history
screening documents as set forth in
16.8.2.9 NMAC and the Cannabis
Regulation Act;
[(8)]
(10) a detailed description
of any criminal convictions of the applicant and any
controlling person, including
the date of each
conviction, dates of incarceration, probation or parole, if applicable, description
of the offense, and statement of rehabilitation
of each conviction;
(11) a detailed description of any denial,
suspension, revocation, surrender, or any other form of discipline or
disciplinary action by a cannabis licensing agency in another state,
jurisdiction or territory against the applicant or any controlling person associated
with the applicant;
[(9)] (12) if
applicable, a detailed research plan, including but not limited to the
applicant’s plan for recruiting research subjects, producing
or acquiring cannabis, dispensing cannabis, plans for continuing research, and
the forms of usable cannabis and cannabis-derived products to be examined;
if applicable, a
detailed description of any private or public partnerships with higher
education institutions, other cannabis research laboratories, or private
business;
[(10)] (13) if
applicable, drug enforcement administration license to conduct research;
[(11)]
(14) if applicable,
proof of prior approval by the New Mexico regulation and licensing
department for the
use of any compressed
gas extraction equipment to be
utilized by the manufacturer;
[(12)]
(15) if
applicable, the applicant’s DEA license or any conditional approval from the
DEA to bulk manufacture cannabis for research, or the applicant’s plan for
seeking such licensure in the future;
[(13)]
(16) certification
the applicant will not use dimethylsulfoxide (DMSO)
in the production of cannabis derived products, and will not possess DMSO on
the premises of the licensee;
[(14)]
(17) evidence
that the applicant has obtained all necessary permits required for the production of edible and topical cannabis products
from the New Mexico environment department and that such permits are valid at
the time the license application is submitted
[(15)]
(18) certification the applicant
will adhere to cannabis transport requirements
pursuant to the Cannabis Regulation
Act, the Lynn and Erin Compassionate
Use
Act, or division rules;
[(16)]
(19) certification
the applicant will adhere to
security requirements pursuant to the Cannabis
Regulation Act, the Lynn
and Erin Compassionate Use Act, or division
rules;
[(17)]
(20) certification
the applicant will adhere to
applicable federal, state and local laws governing the protection of public health and
the environment, including occupational health and
safety, food safety, fire safety, environmental impacts,
natural resource protections, air quality, solid
and
hazardous waste management,
and wastewater discharge;
[(18)]
(21) certification the applicant has
never been denied
a license or had a license
suspended or revoked
by the division
or any other state cannabis licensing
authority or a detailed description of any administrative orders, civil judgements, denial or suspension of a cannabis
license, revocation of a cannabis license,
or
sanctions for unlicensed cannabis activity by any state licensing
authority, against the applicant,
controlling person, or a business
entity in which the applicant
or controlling person was a controlling person within the
three years immediately preceding
the date of the
application;
[(19)]
(22) certification
the applicant will adhere to production and manufacturing requirements pursuant
to the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or
division rules, including creating and maintaining a cultivation plan, and
cannabis waste procedures for cannabis products;
[(20)]
(23) certification
the applicant will adhere to New Mexico department of agriculture (NMDA)
pesticide registration, licensing, and use requirements to ensure a safe
product and environment;
[(21)]
(24) applicant’s social and economic equity
plan to encourage economic and social diversity in employment,
including race, ethnicity, gender, age, and residential status
of licensee, controlling
persons and employees of applicant
and whether the applicant, controlling persons, employees or the locations
where the cannabis products
are produced are located
in an underserved rural community, including tribal,
acequia, land grantmerced, federally designated opportunity
zone, or other rural historic
communities;
[(22)]
(25) an attestation by a person authorized to act on
behalf of the business of the
following statement: Under penalty
of perjury,
I hereby
declare that the
information contained within and submitted with
the application is complete,
true and accurate.
I understand
that a misrepresentation of fact or violation of these rules may result in denial of the license application
or revocation
of a license issued;
and
[(23)]
(26) payment of any required
fees as set forth
in 16.8.11
NMAC.
B. Verification of information: The division may verify information contained in each application and accompanying documentation by:
(1) contacting the applicant or controlling person by telephone, mail, or electronic mail;
(2) conducting an on-site visit;
(3) requiring a face-to-face or virtual meeting and the production of additional documentation; or
(4) consulting with state or local governments.
C. Trade secrets: Any applicant submitting operating procedures and protocols to the division pursuant to the Lynn and Erin Compassionate Use Act, the Cannabis Regulation Act, or division rules, may claim such information as a trade secret or confidential by clearly identifying such information as “confidential” on the document at the time of submission. Any claim of confidentiality by an applicant must be based on the applicant’s good faith belief that the information marked as confidential constitutes a trade secret as defined in the Uniform Trade Secrets Act, Sections 57-3A-1 to -7, NMSA 1978. In the event the division receives a request to inspect such documents, the division will notify the applicant or licensee, via the current email of record. If the division does not receive an injunction pursuant to the Uniform Trade Secrets Act within 10 days of the request to inspect, the division will make the documents marked confidential available for inspection as required pursuant to the Inspection of Public Records Act.
[16.8.2.57 NMAC –
N, 07/12/2022; A, 05/07/2024]
16.8.2.58 SUBMITTAL
OF APPLICATION FOR AMENDED CANNABIS RESEARCH LABORATORY LICENSE:
A. Application: A licensed research laboratory shall submit to the division an application form for an amended license, if applicable and obtain approval from the division, prior to implementing any of the following:
[(1) material or substantial change
of
the size or location
of the
premises;
(2)] (1) change of licensee’s legal or business
name;
[(3)]
(2) change or modification in extraction type(s) or equipment;
[(4)]
(3) material or substantial change in water source;
[(5)]
(4) addition or elimination of a
controlling person;
[(6) material or substantial change to a license’s security system;] or
[(7)]
(5) material or substantial modification
of the premise.
B. Amended license not required: Changes to standard operating policies and procedures may be made without providing notification to the division, provided that licensees shall maintain at each licensed premises a copy of all current and prior operating policies and procedures.
C. Requirements and processing of application for amended license: The application for amended license must comply with all requirements applicable to initial applications, except that the application shall be clearly designated as one for an amended license. The division shall approve or deny an application for amended license within 90 days of receiving a completed application. Denial of an application for amendment shall be pursuant to the Uniform Licensing Act.
D. Material or substantial change: Material or substantial changes requiring approval include:
(1) increase or decrease
in the size of the premises, including the sale of property
used for the cannabis
establishment, the purchase of additional property for the
use of the cannabis establishment, or a
change in the location
of the cannabis establishment;
(2) an addition or removal of licensed activities taking place on a single licensed premise; or
[(2)]
(3) a modification in the licensee’s access to the
water source submitted with an application
for
initial or renewal licensure
or
a ten percent, or more, increase in the licensee’s
water usage.
[(3) change to a license’s security system,
including relocation or security points
or
installation of a new security system; or
(4) modification of the
premises to relocate cannabis activities.]
[16.8.2.58 NMAC –
N, 07/12/2022; A, 05/07/2024]